Competition and Regulation Update — ACCC's draft authorisation guidelines
On 6 May 2013, the Australian Competition and Consumer Commission (ACCC) released the updated draft authorisation guidelines. They aim to provide, in the words of ACCC Commissioner Dr Jill Walker, an ‘updated guidance on the ACCC’s approach [to assessing applications for authorisation] based on its recent experience and relevant determinations by the Australian Competition Tribunal’.
The Draft Guidelines suggest that in making any future authorisation application, applicants should: where possible, identify, and specify how the proposed conduct would address, a market failure or market imperfection; identify the affected areas of competition, and consider defining the market(s), of relevance to the public benefits (as well as detriments) claimed to arise from the proposed conduct; where possible, identify, claimed public benefits that are economic benefits; and keep in mind that authorisation may be granted subject to conditions or may not be granted even when the statutory tests are satisfied.
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
‘Company Doe’ wins challenge but loses anonymity — ruling makes it tougher to confront erroneous online claims
A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents.
The amendment has not yet been extended by ministerial decree to all companies falling within the scope of the Syntec agreement.
Analysis from The Lawyer
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions
The fragile refinance market is back in rude health and US-style alternative lenders are stepping up with innovative structures to sustain the recovery